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CalPERS Resolution Delegating Authority for the Disability and Industrial Disability <br />Retirement Process <br />April 5, 2022 <br />Page 2 <br />and approved by the City Council, with a copy of the executed document to be submitted <br />to CalPERS. <br />Government Code § 21153 states, "Notwithstanding any other provision of law, an <br />employer may not separate because of disability a member otherwise eligible to retire for <br />disability but shall apply for disability retirement of any member believed to be disabled, <br />unless the member waives the right to retire for disability and elects to withdraw <br />contributions or to permit contributions to remain in the fund with rights to service <br />retirement as provided in Section 20731." <br />The California Public Employees' Retirement System Public Agency & Schools <br />Reference Guide, January 2022 edition, provides further instruction for contracting <br />agencies: <br />As soon as it is believed the CaIPERS member is unable to perform the job <br />because of an illness or injury, which is expected to be permanent, or last <br />at least 12 consecutive months or will result in death as determined based <br />on competent medical opinion, application for Disability Retirement or <br />Industrial Disability Retirement should be submitted by either the member <br />or on the member's behalf. The medical condition does not have to be <br />"permanent and stationary" under Workers' Compensation to submit the <br />application (Gov. Code sections 21153 and 21252). <br />Therefore, for the good and efficient order of operations, staff recommends approval of <br />the amendment to and restatement of Resolution No. 92-061, delegating authority to the <br />City Manager to perform the necessary actions to effectuate the full Disability and <br />Industrial Disability Retirement process for Miscellaneous and Local Safety Members. <br />ENVIRONMENTAL IMPACT <br />There is no environmental impact associated with this action. <br />FISCAL IMPACT <br />There is no fiscal impact associated with this action. <br />EXHIBIT(S) <br />1. Resolution <br />2. Resolution 92-061 <br />Submitted By: Jason Motsick, Executive Dir Human Resources <br />Approved By: Kristine Ridge, City Manager <br />